Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Universities Accord (Student Support and Other Measures) Act 2024

Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025

AUTHORITY

Subitem 1(1) of Schedule 6 to the Universities Accord (Student Support and Other Measures) Act 2024 (the Act) provides that the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by the Act.

PURPOSE AND OPERATION

Schedule 5 to the Act amends the Higher Education Support Act 2003 (HESA), to add Adelaide University to the list of Table A providers in HESA and remove the University of South Australia and the University of Adelaide, and provides for some transitional arrangements. This reflects the planned merger of the University of South Australia and the University of Adelaide to form one new entity, Adelaide University. Subsection 2(1) of the Act provides that Schedule 5 to the Act either commences on a single day to be fixed by Proclamation or 31 March 2026, whichever is earlier. It is intended that a Proclamation will be made specifying the commencement date of Schedule 5 as 1 January 2026.

Subitems 1(1) and (2) of Schedule 6 to the Act makes clear that the Minister may make rules prescribing matters of a transitional nature relating to the amendments or repeals made by the Act, and that those rules may provide that provisions of the Act, or any other Act or instrument, have effect with the modifications prescribed by the rules.

The Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 (the Instrument) sets out transitional rules to prescribe some further matters of a transitional nature, in relation to Adelaide University becoming a Table A provider and the University of South Australia and the University of Adelaide being removed as Table A providers.

The purpose of the Instrument is to allow the Minister to enter into a funding agreement with Adelaide University before Adelaide University becomes a Table A provider, and to delay or prevent the transfer of enrolments of some students from the University of South Australia and the University of Adelaide, to Adelaide University.

It is necessary to enter into a funding agreement with Adelaide University before it becomes a Table A provider on 1 January 2026, to provide certainty that Adelaide University will be eligible to receive grants under Part 2-2 of HESA when it becomes a Table A provider on 1 January 2026, and to facilitate various administrative processes, including planning for the enrolment of students into Commonwealth supported places.

Further, the Instrument prevents, or delays, the transfer of the enrolment of some students to Adelaide University, only where those students are due to complete their course of study at the University of South Australia and the University of Adelaide between 1 January and 24 March 2026. This supports the timely completion of graduation, conferral of awards and related administrative processes for students who complete their course of study at the University of South Australia and the University of Adelaide during this period. The Instrument also ensures that any students whose enrolments did not transfer because they were due to complete their course of study, but ultimately did not complete their course of study before 24 March 2026, will have their enrolments transfer to Adelaide University on 24 March 2026.

COMMENCEMENT

The Instrument commences the later of either the day after the Instrument is registered on the Federal Register of Legislation, or immediately after the commencement of the Proclamation fixing the commencement day for Schedule 5 of the Act.

CONSULTATION

The Department of Education has engaged in extensive and comprehensive consultation with Adelaide University over several months to ensure that the Instrument is fit for purpose and supports the transition of the University of South Australia and the University of Adelaide in their merger to form Adelaide University. Adelaide University had no concerns with the final version of the Instrument.

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025

The Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Schedule 5 to the Act amends the Higher Education Support Act 2003 (HESA), to add Adelaide University to the list of Table A providers in HESA and remove the University of South Australia and the University of Adelaide, and provides for some transitional arrangements. This reflects the planned merger of the University of South Australia and the University of Adelaide to form one new entity, Adelaide University. Subsection 2(1) of the Act provides that Schedule 5 to the Act either commences on a single day to be fixed by Proclamation or 31 March 2026. It is intended that a Proclamation will be made specifying the commencement date of Schedule 5 as 1 January 2026.

Subitems 1(1) and (2) of Schedule 6 to the Act makes clear that the Minister may make rules prescribing matters of a transitional nature relating to the amendments or repeals made by the Act, and that those rules may provide that provisions of the Act, or any other Act or instrument, have effect with the modifications prescribed by the rules.

The Instrument sets out transitional rules to prescribe some further matters of a transitional nature, in relation to Adelaide University becoming a Table A provider and the University of South Australia and the University of Adelaide being removed as Table A providers.

The purpose of the Instrument is to allow the Minister to enter into a funding agreement with Adelaide University before Adelaide University becomes a Table A provider, and to delay or prevent the transfer of enrolments of some students from the University of South Australia and the University of Adelaide, to Adelaide University.

It is necessary to enter into a funding agreement with Adelaide University before it becomes a Table A provider on 1 January 2026, to provide certainty that Adelaide University will be eligible to receive grants under Part 2-2 of HESA when it becomes a Table A provider on 1 January 2026, and to facilitate various administrative processes, including planning for the enrolment of students into Commonwealth supported places.

Further, the Instrument prevents, or delays, the transfer of the enrolment of some students to Adelaide University, only where those students are due to complete their course of study at the University of South Australia and the University of Adelaide between 1 January and 24 March 2026. This supports the timely completion of graduation, conferral of awards and related administrative processes for students who complete their course of study at the University of South Australia and the University of Adelaide during this period. The Instrument also ensures that any students whose enrolments did not transfer because they were due to complete their course of study, but ultimately did not complete their course of study before 24 March 2026, will have their enrolments transfer to Adelaide University on 24 March 2026.

Human rights implications

The purpose of the Instrument is to make technical transitional rules to allow for the Minister to enter into a funding agreement with Adelaide University before Adelaide University becomes a Table A provider, and to delay or prevent the transfer of enrolments of some students from the University of South Australia and the University of Adelaide, to Adelaide University. These technical rules do not engage any human rights and freedoms.

Conclusion

The Instrument is compatible with human rights because it does not raise any human rights issues.

 

Minister for Education, the Hon Jason Clare MP

UNIVERSITIES ACCORD (STUDENT SUPPORT AND OTHER MEASURES) (ADELAIDE UNIVERSITY) TRANSITIONAL RULES 2025

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This is a formal provision specifying the name of the Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 (the Instrument).

Section 2: Commencement

  1.   This provision provides that the Instrument commences either on the later of the day after the Instrument is registered on the Federal Register of Legislation, or immediately after the commencement of the Proclamation fixing the commencement day for Schedule 5 of the Universities Accord (Student Support and Other Measures) Act 2024 (the Act).

Section 3: Authority

  1.   This provision provides that the Instrument is made under item 1 of Schedule 6 to the Act.

Section 4: Definitions

  1.   This section defines the terms used in the Instrument and provides that any other expression used in the Instrument that is used in the Act has the same meaning in the Instrument as it has in the Act. A number of terms such as ‘enabling course,’ ‘course of study’ and ‘funding agreement’ are defined to have the same meaning as in Schedule 1 to the Higher Education Support Act 2003 (HESA).
  2.   The term ‘higher degree by research’ is also defined in this section and has the same meaning as the term ‘HDR’ as defined in the Commonwealth Scholarships Guidelines (Research) 2017 (CSGs), as in force at the time the Instrument was made. The CSGs define HDR as ‘a higher degree by research which is a Research Doctorate or Research Masters course for which at least two-thirds of the student load for the course is required as research work’. The CSGs is an instrument made under section 238-10 of HESA for the purposes of Part 2-4 of HESA. The version of the CSGs in force at the time the Instrument was made can be found here: https://www.legislation.gov.au/F2016L01602/latest/text. It is necessary to incorporate this definition into the Instrument as the Instrument deals with preventing, or delaying, the transfer of students enrolled in higher degrees by research (for the purposes of the CSGs and HESA) in certain circumstances.

Section 5: Transitional rules in relation to funding agreement for Adelaide University

  1.   The purpose of section 5 of the Instrument is to prescribe transitional rules to allow the Minister to enter into a funding agreement with Adelaide University, before Adelaide University becomes a Table A provider.
  2.   Subsection 5(1) provides that the purpose of section 5 is to prescribe matters of a transitional nature relating to the amendments and repeals made by the Act, and to prescribe modifications to section 30-25 and 30-28 of HESA. Section 30-25 of HESA relates to the Minister’s power to enter into a funding agreement with a higher education provider relating to grants under Part 2-2 of HESA. Section 30-28 of HESA relates to the Secretary’s obligation to cause a copy of each funding agreement, entered into under section 30-25 of HESA for a year, to be published on the Department’s website.
  3.   Subsection 5(2) provides that the Minister may, on behalf of the Commonwealth, enter into a funding agreement with Adelaide University before the ‘merger time’ (i.e. before Adelaide University becomes a Table A provider by operation of Schedule 5 of the Act), and may unilaterally vary that agreement for the purposes of paragraph 5(3)(c). It is necessary for the Minister to have the power to unilaterally vary that agreement because the intention is for the funding agreement to initially be entered into in an incomplete and provisional form, but to be finalised before the merger time (see paragraph 5(3)(c) of the Instrument).
  4.   The note under this subsection explains that subsection 5(2) modifies subsection 30-25(1) of HESA which permits the Minister to only enter into a funding agreement with a ‘higher education provider’. Adelaide University will not be a higher education provider until the merger time, but section 5 modifies the operation of section 30-25 to permit the Minister entering into a funding agreement with Adelaide University before that time.
  5.   Subsection 5(3) provides that the funding agreement may only commence on and from the merger time, must expire at the end of 2026 and may be entered into in an incomplete or provisional form, but must be amended into a complete and final form before the merger time.
  6.   The note under paragraph 5(3)(c) explains that it is possible for the funding agreement that is entered into before Adelaide University becomes a Table A provider, to be silent on matters such as the provider’s maximum basic grant amount for higher education courses, but those amounts must be included in the funding agreement once Adelaide University becomes a Table A provider.
  7.   Subsection 5(4) provides that, if a funding agreement is entered into in an incomplete or provisional form in accordance with paragraph 5(3)(c), then despite section 30-28 of HESA (which requires the Secretary to publish funding agreements on the Department’s website within 28 days after the making of the agreement), the Secretary must instead cause a copy of the funding agreement to be published on the Department’s website within 28 days after the Minister has varied that agreement into a complete and final form.

Section 6: Transitional rules in relation to transfer of enrolments

  1.   The purpose of section 6 of the Instrument is to prescribe transitional rules to prevent or delay the transfer of enrolments of some students from the University of Adelaide and the University of South Australia (known as the ‘merging universities’), to Adelaide University on the merger time.
  2.   Subsection 6(1) provides that the purpose of this section is to prescribe matters of a transitional nature relating to the amendments and repeals made by the Act and prescribe modifications of items 7 and 8 of Schedule 5 to the Act.
  3.   Subsections 6(2) and (3) set out the students that will not transfer to Adelaide University at the merger time (intended to be 1 January 2026). Subsections 6(2) and (3) provide that students will not transfer to Adelaide University at the merger time if they are enrolled in a course of study with a merging university immediately before the merger time or they are a grandfathered student under HESA in relation to a course of study with a merging university immediately before the merger time, and, immediately before 1 January 2026, satisfy the following requirements, the student:
    1.       has completed all of the requirements for the conferral of a higher education award in their current course, or if their course is an enabling course, completed all the requirements of that course; or
    2.       is enrolled in and has commenced undertaking a unit of study as part of their current course, but has not met all of the requirements to complete that unit; or
    3.        is enrolled in a higher degree by research course at the merging universities and has submitted a thesis for examination that remains under examination
  4.   Subsections 6(4) and (5) then provide that certain students who did not transfer to Adelaide University at the merger time, due to subsections 6(2) and (3), will transfer to Adelaide University on 24 March 2026 if the student has not, immediately before 24 March 2026, met all the requirements for the conferral of a higher education award in that course or, in relation to an enabling course, completed all the requirements of that course.

Overview

The Universities Accord (Student Support and Other Measures) Act 2024 was enacted to address the legislative challenges arising from the planned merger of the University of South Australia and the University of Adelaide into a single entity, Adelaide University. This Act was introduced by the Parliament of Australia to facilitate the necessary administrative and funding adjustments required for the merger. One of the key provisions of the Act allows the Minister for Education to make transitional rules to manage the complexities of this significant institutional change. The policy objective of the Act is to ensure a seamless transition for students, staff, and the broader university community, while also maintaining the integrity of the higher education funding and support systems. The Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 were made under the authority of the Act to provide for transitional measures related to the merger. These rules aim to allow the Minister to enter into a funding agreement with Adelaide University before it becomes a Table A provider, thus ensuring eligibility for grants under the Higher Education Support Act 2003 once the merger is effective. Additionally, the rules aim to manage the transfer of student enrolments from the merging universities to Adelaide University, ensuring that students who are in the final stages of their courses can complete their studies without disruption. This transitional approach is designed to support the timely completion of graduation and related administrative processes.

Scope and Application

The Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 applies to the transitional arrangements necessitated by the merger of the University of South Australia and the University of Adelaide to form Adelaide University. The Act concerns entities specifically involved in this merger, namely the merging universities and the newly formed Adelaide University, and the students enrolled in these institutions. The geographic and jurisdictional reach of the Act is federal, given it pertains to amendments to the Higher Education Support Act 2003 (HESA) and involves Commonwealth-supported higher education providers. The transitional rules are designed to ensure a smooth transition of funding agreements and student enrolments from the merging universities to Adelaide University. The Act does not explicitly state exclusions or thresholds but implies that the transitional rules are applicable to students and providers directly involved in the merger. The Act extends its application through subordinate instruments, specifically the Transitional Rules 2025, which provide detailed transitional provisions to address specific scenarios arising from the merger. These rules ensure that the transition is managed in a manner that maintains educational continuity and financial stability for the affected students and institutions.

Key Provisions

The Universities Accord (Student Support and Other Measures) (Adelaide University) Transitional Rules 2025 includes several key provisions that govern the transitional arrangements for the merger of the University of South Australia and the University of Adelaide into Adelaide University. Section 2 details the commencement of the Instrument, which occurs on the later of either the day after the Instrument is registered on the Federal Register of Legislation or immediately after the commencement of the Proclamation fixing the commencement day for Schedule 5 of the Universities Accord (Student Support and Other Measures) Act 2024. Section 3 confirms the authority of the Minister for Education to make these rules under item 1 of Schedule 6 of the Act. Section 4 provides definitions for terms used in the Instrument, ensuring clarity and consistency with the Higher Education Support Act 2003 (HESA) and the Commonwealth Scholarships Guidelines (Research) 2017 (CSGs). The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that the Minister for Education must enter into a funding agreement with Adelaide University before it becomes a Table A provider, allowing for the provision of grants under Part 2-2 of HESA. Section 5 of the Instrument modifies sections 30-25 and 30-28 of HESA to facilitate this process. The funding agreement may be entered into in an incomplete or provisional form but must be finalised before the merger time. Furthermore, Section 6 of the Instrument modifies items 7 and 8 of Schedule 5 to the Act to prevent or delay the transfer of enrolments of some students from the merging universities to Adelaide University, ensuring that certain students complete their courses and graduate before their enrolments are transferred. Breaching the provisions of the Act or the Instrument may result in various civil and criminal consequences. While the Act and Instrument themselves do not specify particular penalties for breaches, non-compliance with the Higher Education Support Act 2003 or related agreements could lead to legal action under HESA or other relevant legislation. Penalties under HESA can include fines and other sanctions for non-compliance, reflecting the seriousness of adhering to the regulatory framework governing higher education in Australia. The Act and the Instrument underscore the importance of these transitional measures to ensure a smooth and orderly merger process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.